Dundas 10 Newman Rd. settlement includes city buying property

News Aug 22, 2020 by Craig Campbell Dundas Star News

The City of Hamilton has reached a settlement with the owner of 10 Newman Rd. that will see the city acquire the property, demolish the building on site and restore it to a natural state, more than a year after staff incorrectly issued a building permit for the Pleasant View property.

Details of the settlement, including how much the city is paying property owner Marco Zwaan for the property and any additional reimbursement of expenses, are not yet available. But the motion passed by city council after an in camera meeting on Friday, Aug. 21, states funding for all city costs associated with the settlement, acquisition, demolition and site restoration will be charged to the Building Permit Revenue Stabilization Reserve.

“The settlement will be processed in due time, so I don’t have any information regarding timelines for the demolition or subsequent restoration of the property, at this time,” councillor Arlene VanderBeek said, after the meeting.

She said the legal transfer of the property to the city will also take some time, but she expects it will “proceed expeditiously.”

Zwaan confirmed a settlement had been reached, but also said he could not share details.

“All I can say (is) that the settlement agreement makes it possible to move on with our lives,” Zwaan said. “It is not easy that we have to close this book after such a long time. It is a few months shy of four years that we have invested in this property and dream.”

The council motion states the legal staff report considered in camera will remain confidential.

Although details of the financial settlement were not available this week, City of Hamilton building permit records stated the city valued the construction on 10 Newman at $730,000. According to city tax records, the property has an assessed value of $39,500.

Zwaan purchased 10 Newman Rd. in April 2017 for $380,000.

A site plan application fee is more than $24,000, while a building permit for the property would have cost $252 plus $15.87 per square metre of construction.

In January 2019, city staff approved a site plan application for a single-family home on the 4.07-hectare property in Pleasant View — where zoning, official plan and Niagara Escarpment Plan all require minimum 10-hectare lots.

A building permit was issued on April 16, 2019, and construction of the home began.

The city building department apparently discovered the error three months later and revoked the building permit on July 10, 2019.

Zwaan filed an appeal of the permit revocation in court on July 29, and also applied for minor variances to the zoning bylaw to permit the partially constructed home. The variances were denied on August 15, 2019, and no further action was taken in the lawsuit.

Dundas 10 Newman Rd. settlement includes city buying property

Demolition of house and restoration of site part of plan

News Aug 22, 2020 by Craig Campbell Dundas Star News

The City of Hamilton has reached a settlement with the owner of 10 Newman Rd. that will see the city acquire the property, demolish the building on site and restore it to a natural state, more than a year after staff incorrectly issued a building permit for the Pleasant View property.

Details of the settlement, including how much the city is paying property owner Marco Zwaan for the property and any additional reimbursement of expenses, are not yet available. But the motion passed by city council after an in camera meeting on Friday, Aug. 21, states funding for all city costs associated with the settlement, acquisition, demolition and site restoration will be charged to the Building Permit Revenue Stabilization Reserve.

“The settlement will be processed in due time, so I don’t have any information regarding timelines for the demolition or subsequent restoration of the property, at this time,” councillor Arlene VanderBeek said, after the meeting.

She said the legal transfer of the property to the city will also take some time, but she expects it will “proceed expeditiously.”

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Zwaan confirmed a settlement had been reached, but also said he could not share details.

“All I can say (is) that the settlement agreement makes it possible to move on with our lives,” Zwaan said. “It is not easy that we have to close this book after such a long time. It is a few months shy of four years that we have invested in this property and dream.”

The council motion states the legal staff report considered in camera will remain confidential.

Although details of the financial settlement were not available this week, City of Hamilton building permit records stated the city valued the construction on 10 Newman at $730,000. According to city tax records, the property has an assessed value of $39,500.

Zwaan purchased 10 Newman Rd. in April 2017 for $380,000.

A site plan application fee is more than $24,000, while a building permit for the property would have cost $252 plus $15.87 per square metre of construction.

In January 2019, city staff approved a site plan application for a single-family home on the 4.07-hectare property in Pleasant View — where zoning, official plan and Niagara Escarpment Plan all require minimum 10-hectare lots.

A building permit was issued on April 16, 2019, and construction of the home began.

The city building department apparently discovered the error three months later and revoked the building permit on July 10, 2019.

Zwaan filed an appeal of the permit revocation in court on July 29, and also applied for minor variances to the zoning bylaw to permit the partially constructed home. The variances were denied on August 15, 2019, and no further action was taken in the lawsuit.

Dundas 10 Newman Rd. settlement includes city buying property

Demolition of house and restoration of site part of plan

News Aug 22, 2020 by Craig Campbell Dundas Star News

The City of Hamilton has reached a settlement with the owner of 10 Newman Rd. that will see the city acquire the property, demolish the building on site and restore it to a natural state, more than a year after staff incorrectly issued a building permit for the Pleasant View property.

Details of the settlement, including how much the city is paying property owner Marco Zwaan for the property and any additional reimbursement of expenses, are not yet available. But the motion passed by city council after an in camera meeting on Friday, Aug. 21, states funding for all city costs associated with the settlement, acquisition, demolition and site restoration will be charged to the Building Permit Revenue Stabilization Reserve.

“The settlement will be processed in due time, so I don’t have any information regarding timelines for the demolition or subsequent restoration of the property, at this time,” councillor Arlene VanderBeek said, after the meeting.

She said the legal transfer of the property to the city will also take some time, but she expects it will “proceed expeditiously.”

Related Content

Zwaan confirmed a settlement had been reached, but also said he could not share details.

“All I can say (is) that the settlement agreement makes it possible to move on with our lives,” Zwaan said. “It is not easy that we have to close this book after such a long time. It is a few months shy of four years that we have invested in this property and dream.”

The council motion states the legal staff report considered in camera will remain confidential.

Although details of the financial settlement were not available this week, City of Hamilton building permit records stated the city valued the construction on 10 Newman at $730,000. According to city tax records, the property has an assessed value of $39,500.

Zwaan purchased 10 Newman Rd. in April 2017 for $380,000.

A site plan application fee is more than $24,000, while a building permit for the property would have cost $252 plus $15.87 per square metre of construction.

In January 2019, city staff approved a site plan application for a single-family home on the 4.07-hectare property in Pleasant View — where zoning, official plan and Niagara Escarpment Plan all require minimum 10-hectare lots.

A building permit was issued on April 16, 2019, and construction of the home began.

The city building department apparently discovered the error three months later and revoked the building permit on July 10, 2019.

Zwaan filed an appeal of the permit revocation in court on July 29, and also applied for minor variances to the zoning bylaw to permit the partially constructed home. The variances were denied on August 15, 2019, and no further action was taken in the lawsuit.